Why Breathalyzer “Science” is Junk Science

Breath Tests for Blood Alcohol Determination: Partition Ratio

by Srikumaran K. Melethil, Ph.D, Professor of Pharmacology, University of Missouri at Kansas City

The author is a professor in the UMKC School of Pharmacology, and also a graduate of the UMKC School of Law. The following is a condensation of a paper written in fulfillment of a research and writing requirement in the course of Scientific Evidence and Opinion Testimony.  In relevant part:

I. SCIENTIFIC BASIS OF BREATH TESTS

1. Introduction:

In cases involving drunk driving, the prosecution has to prove that the defendants blood alcohol concentration (BAC) at the time of the offense is at or above a statutory concentration. In the majority of jurisdictions it is 0.10% [i.e., 0.1 gram of alcohol per 100 milliliters of blood]. In some jurisdictions, it is 0.08%, see People v. Ireland, 39 Cal. Rptr. 2d. 870 (Cal. Ct. App. 1995). In this connection, there is an ongoing national debate to reduce this value to 0.08% nationwide. In order to provide proof of BAC it is necessary to obtain a suitable biological sample (i.e., blood, urine, expired air) from the defendant at the time of arrest. Determination of BAC by use of a breath test, is by far the most popular scientific test for drunk driving. The breath test involves the measurement of alcohol in an appropriate sample of breath, expired alveolar air. (Alveolar air is that part of the expired air, which is in equilibrium with blood; usually this is taken as the terminal portion of expired air. One likely reason for the high variability observed in partition ratios is the difficulty in obtaining true alveolar, or deep lung air for analysis). This breath alcohol concentration is then multiplied by a factor called the partition ratio to convert the concentration measured in the breath to the corresponding alcohol concentration in the blood. In most jurisdictions, a value of 2100 is used for this ratio by statutory mandate. However, this partition ratio of 2100 can differ from individual to individual or differ in a given individual from time to time. Therefore, while it is quite simple to perform, the use of breath tests to determine BAC suffers from a major and fundamental weakness in that it is an indirect method.

For that reason, the conversion (extrapolation) of the directly measured concentration of alcohol in the expired air to obtain its concentration in the blood has been the subject of much litigation. Understandably, this conversion is fraught with problems of variability (uncertainties) introduced by the theoretical assumptions underlying the method. As was pointed out by one of the leading researchers in this area, The most trying forensic difficulties were consequent to what now appears to some to be an error in policy made by the pioneers in breath testing. This was in deciding to calculate the blood concentration from a quantity of alcohol found in the breath. Mason & Dubowski, Traffic & Chemical Testing in the United States: a Resume & Some Remaining Problems, 20 Clinical Chemistry 126, 128 (1974). The following section will present the scientific basis for the statutory decision to select a partition ratio of 2100 and the variability, both inter-subject and intra-subject, to be expected in this ratio.

2. Basic assumptions:

A direct correlation is assumed between the concentration of alcohol in the alveolar air and concentration of alcohol in the blood, more precisely, ethanol. This assumption is based on Henry’s Law which states that, at constant temperature, the concentration of gas dissolved in a liquid is proportional to its concentration in the air directly above the liquid. Brent and Stiller, Handling Drunk Driving Cases, ‘ 7 (Breath Tests) (1985). As applied to determination of BACs, this means that the concentration in the expired alveolar air is directly proportional to the concentration in the blood (i.e., the greater concentration of alcohol in the blood, the greater its concentration in the expired alveolar air). It is at the alveoli, commonly called air sacs (of which there are about 700 million in an average adult), where exchange of gases occur between blood and the expired alveolar air. Alcohol is a volatile liquid and assumed to freely diffuse (i.e., readily pass) across the membranes of the alveoli. Due to the latter assumption, it is also assumed that the exhaled alveolar air is in equilibrium with the blood. Equilibrium can be best explained as a condition where the ratio of concentrations of alcohol in blood and expired alveolar air has achieved a constant value. Therefore, in principle, its concentration in blood can be estimated by measuring its concentration in the expired alveolar air.

The commonly used partition-ratio of 2100 can be expressed as follows:

In principle, this ratio is determined by simultaneously (or as close to simultaneous as experimentally possible) measuring the concentration of alcohol in the blood and expired alveolar air of test subjects administered alcohol under controlled conditions. While values in the scientific literature for this ratio range from 1900 to 2400, an international panel chose, in 1972 Essentially by fiat, the currently accepted value of 2100. Brent, supra at 133.

3. Factors that affect the partition ratio.

Some factors that affect the partition-ratio, such as the effect of temperature, may be obvious, even to a non-scientist. There are others that are not so apparent. These factors can either increase or decrease the actual BAC.

a. Effect of Temperature: The widely used partition blood-to-air partition ratio of 2100 is based on a normal body temperature of 98.6 0F. A higher body temperature of the individual will overestimate the actual BAC because of the higher volatility (or vapor pressure) of liquids like alcohol at a higher temperature. An elevation in body temperature of 1 0C (1.8 0F) results in a 7% higher value in the result. Therefore, a person with a body temperature of 100.4 0F and with an actual blood alcohol of 0.0935 % will register a value of 0.10 % by the breath test. As can be seen from this hypothetical example, a small difference in body temperature can make the difference of guilt or innocence of drunk driving in defendants with a BAC close to the legal limit. This widely accepted ratio is also based on the assumption that the average temperature of exhaled air is 93.20 F.

b. Atmospheric Pressure: There is little evidence to support the belief that the partition ratio is affected by atmospheric (barometric) pressure. Breathalyzer tests conducted at altitudes of 5000 feet and 10000 feet essentially gave the same results. This is expected based on scientific principles of gases.

c. Cellular Composition of Blood: Blood contains suspended cells (e.g. red and white cells) and proteins, and is therefore only a partial liquid. The partition ratio of 2100 is based on a average hematocrit (the cell volume of blood) of 47%; hematocrit values range from 42 to 52 % in males and 37 to 47 % in females. Therefore, a person with a lower hematocrit will have falsely elevated blood alcohol based on a breath test; this variability has been estimated to be relatively small, ranging from – 2 to + 5 %.

Since alcohol freely diffuses into cells but not into cellular membranes, the subtle point to be aware of is the variability in volume of the cell debris (i.e. volume of cell membranes after cells are analyzed), and not the actual hematocrit that is responsible for the reported variability. Understandably, a higher hematocrit value represents a higher value of cell debris. The mean value from several studies show that debris can account for about 16% of the volume of blood. For example, 0. 119 mg % (in serum) is equivalent to 0.10% of BAC. Fitzgerald and Hume, Intoxication Test Evidence: Criminal and Civil, 4:26 at 152 (1987).

d. Physical Activity and hyperventilation: Exercise can underestimate blood alcohol values. In one study BACs of subjects before and after running up a flight of stairs decreased 11 to 14 % after one trip and 22-25 % after two such trips. In a another study, a 15% decrease in blood alcohol was reported in subjects following vigorous exercise or hyperventilation.

e. Changes in water content of expired air: Water, present in the form of vapor, in expired air will condense into the liquid form with a lowering of temperature. Air exhaled into the tubes of a breath test device, such as the Breathalyzer, is assumed to be saturated with water at about 93.2F . Decreases in this temperature can result in an underestimation of reported BAC due to condensation of water and the subsequent removal of alcohol from the expired air. One study showed that when the mouthpiece of the breath test instrument was kept at 23 0C, there was an average decrease in temperature of exhaled air by 1.6 0C.

f. Radio Frequency Interference (RFI): Andre Moenssens, et al., Scientific Evidence in Civil and Criminal Cases  3.09 at 204 (4th ed. 1995). This interference describes the effect of an electronic instrument on a radio wave or current that it is not designed to pick up. If a particular Breathalyzer as an electronic instrument were susceptible to RFI, then the measurement of light distance obtained when the operator balances the meter might not be an accurate indication of the amount of alcohol in the breath sample. Instead, the light distance might reflect, in part, a deflection in the meter needle caused by a stray current induced by radio waves in the surrounding environment.

At Reeves, Aiken & Hightower, LLP, all of our attorneys are seasoned trial lawyers with over 70 years combined experience. Whether it is criminal or civil, our litigators are regularly in court fighting for our clients. Two of our firm’s partners, Art Aiken and Robert Reeves, are lifetime members of the Million Dollar Advocates Forum. Mr. Reeves has also been named one of the Top 100 lawyers for South Carolina in 2012 by the National Trial Lawyers Organization. Our attorneys include a former SC prosecutor, a former public defender, a former NC District Attorney intern, a former Registered Nurse (RN), and former insurance defense attorneys. We welcome an opportunity to sit down and personally review your case. Call us today for a private consultation. www.rjrlaw.com


SC DUI – Case Backlog – Justice Delayed But Not Denied

DUI Case Backlog Reduced After S.C. Supreme Court Issues Order

A large backlog of DUI cases has been sigmificantly reduced after South Carolina Chief Justice Jean Toal ordered magistrate and municipal courts to clear thousands of lingering alcohol related cases.

According to a report in the Charleston Post and Courier, Chief Justice Jean Toal issued an Order requiring all non-jury cases older than 60 days and jury cases older than 120 days to be closed by July 2011.

The order cleared 11,000 cases, but thousands of old cases remained. During the four-month period, new cases were constantly being added, so by the end of July, 14,000 cases still awaited hearings. Those cases are being processed under the framework of the original Order. Cases where no jury trial has been demanded are being scheduled for disposition within 60 days of the initial court date, while cases that are moved to the jury trial docket are being scheduled for trial within 120 days.

Various factors had contributed to the growth of the backlog. Chief Justice Toal pointed to one source as a shortage of judges statewide. The article mentioned that party-requested continuances have delayed cases, sometimes going back years.

The reality is that a number of factors contributed to the backlog. Many law enforcement agencies developed their own special DUI Task Force. Such task forces operate with a mission to make more arrests for DUI. The penalties for being convicted of DUI in South Carolina increased dramatically effective February 2009, prompting most arrestees to retain legal counsel to defend them, rather than simply plead guilty because it was less costly.

Old Cases Out First

It was reported that after the order, 42 percent of the cases that had been pending were dropped or dismissed; in the four months before the order, only 30 percent had been dropped.

These numbers are misleading in that they suggest that the Order caused prosecutors to simply drop cases with no regard to the merits. The 12 percent difference can also be explained by the approach some prosecutors have taken historically where they hold a weak case rather than dismiss it in order to use the pending charge as a type of individualized deterrent.

Another area of confusion stems from how one might interpret what actually happens when a charge is dismissed. There is no lesser included offense to DUI, therefore in cases where negotiations result in a plea to Reckless Driving, Leaving the Scene of an Accident or even Driving With An Unlawful Alcohol Concentration, the DUI charge must be dismissed when the new traffic ticket is issued to the defendant.

Not A Priority

Despite the fact that the Defense, the Prosecution and the Court approach the disposition of DUI cases with the same level of commitment as other types of criminal cases; many of the DUI and DUAC cases have languished because the municipal and magistrate courts are at the “the bottom of the food chain” in terms of forum priority. This means that lawyers are often required, by rule, to attend to cases in higher-level courts, leaving the DUI cases to be pushed back to a later date on the courts’ calendar.

Resources Also An Issue

In most of DUI 1st offense cases made by the South Carolina Highway Patrol, the state trooper represents the state as prosecutor of these DUI cases. If the trooper appears at the courthouse and the case is delayed or continued, they will have to return later, again taking them away from their patrol.

In a story by WPSA-TV, Chief Justice Toal commented that the troopers should not be required to prosecute the case. She called for “a lot more resources” to prosecute the cases, using attorneys for the state instead of the troopers, as they would be able to more accurately gauge the strength of the case.

David Ross, director of South Carolina’s Prosecution Commission agreed. He noted the increasing complexity of the DUI laws, and that even if the troopers had the time, an attorney should prosecute the case.

Prosecutors are generally more up to date on developments in the law, and understand legal procedure and the rules of evidence. Thus they are in a better position to assess the best course of action in a given case. Law enforcement officers serve a different function in the system and the people of South Carolina are best served when these roles are not combined.

This, of course, is problematic with ever-tighter state budgets, which offer little flexibility for increases in resources, and often require cuts in staffing. Part of the backlog is due to the ending of grants from the state to the counties. Several Circuit Solicitors around the state have obtained grant funds and have used the same to employ prosecutors for the purpose of prosecuting DUI cases in Magistrates Courts. But this solution may be temporary as it is unknown if these grants will be renewed.

Many municipalities have taken a different approach by hiring lawyers to serve as part-time prosecutors. This type approach is only as good as the commitment made by part-time prosecutor. In jurisdictions where the part-time lawyer accesses the case and manages the movement of the case on the docket; this approach is very effective. In situations where the part-time prosecutor simply parrots the position of an interested witness, this approach can be very inefficient.

Simpler Law?

Laura Hudson, the Public Policy Liaison for South Carolina Mothers Against Drunk Driving’s, spoke with WSPA-TV about the backlog, and was quoted as saying, “If you never get a conviction for that first one, and it’s dismissed, the second on[e] you get is treated as a first, the third one you get is treated as a [second], so you’re masking … that very dangerous driver,” Hudson said.

Her basic complaint was while it may have helped clear the backlog, it may have “let off” many drivers who received lower-level plea agreements, for charges like reckless driving. Hudson noted, “The only real solutions are more prosecutors, more courts or a less complicated law, like “per se” laws that many states have.” According to the story, some of these laws have been ruled unconstitutional in some states.

In states where 0.08 BAC is “per se” intoxicated, the accuracy of the test, the calibration of the equipment and the training of the operator can all be questioned and complicate the case.

Given the fallibilities and inexact nature of testing breath for accurate blood alcohol values, reliance on the number reported by a machine, as the only relevant evidence of impairment, is a major step backward, not forward. Such an approach nullifies each of the most fundamental protections afforded in America; trial by jury, presumption of innocence and the demand of proof beyond all reasonable doubt before a criminal conviction.

Notwithstanding Mrs. Hudson’s complaint, a review of the statute confirms that South Carolina has one of the most straight forward DUI laws in the country. Like everywhere else in the USA, an officer can conduct a traffic stop as long as he has articulable suspicion or probable cause of a violation of the law. The legal standard which defines DUI is “material and appreciable impairment.”

The complaints about the law being complex or complicated often arise due to the officer’s lack of compliance with the video recording law. Opinions on any subject often vary. The issue of whether a driver is impaired as defined by the law is a matter of opinion.

Fairness is ensured by the requirement that the investigation be video and audio recorded. Activating the recording equipment is not complicated; recording systems installed by DPS are set up so that the camera comes on automatically once the blue lights are activated.

Every law enforcement officer in the state has been given a card which lists Miranda rights and been taught when to read it. Everything else is a question of whether the citizen’s conduct as recorded on video is consistent with the officer’s conclusion and written report.

Rather than contributing to a backlog, the proper use of tools like video recording make it much easier to distinguish a bad case from a good one; thus eliminating the need or desire for many jury trials.

At Reeves, Aiken & Hightower LLP, our attorneys have over 70 years of combined trial experience in both civil and criminal courts.  We focus our criminal practice on DUI and DWI cases in both South Carolina and North Carolina and are available by mobile phone in the evenings, on weekends, and even holidays. Our lawyers are licensed in both states and are effective criminal trial attorneys.  We are not afraid to go to Court and often do. Don’t settle for a lawyer who only wants to reduce your DUI charge to reckless driving.  Call us today for an attorney case review of your particular situation. We are here to help.

Article provided by the Carroll Law Firm of Charleston, South Carolina

SC DUI – Roadside Video Required

In South Carolina, all police vehicles are required to have video recording in their cars.  Police like video because it offers additional protection for them at the scene.  Criminals may be less likely to assault them if they realize they are being recorded.  Additionally, claims of undue force or excessive force can be reviewed objectively.

As a criminal defense attorney, I like video recording because it protects my clients and shows what really happens at the roadside.  Everyone knows what “drunk” looks like.  The testimony by the officer will be remarkably similar to every other case, and any testimony by a defendant will be viewed as self-serving.  Video “keeps everyone honest.” A jury can see for themselves every aspect of the stop and arrest.  How does the defendant appear? Is his speech slurred? Does she talk coherently?  Are they steady on their feet? Do they stumble or fall? How do they perform the roadside “field sobriety tests”?  In short, do they appear “intoxicated”?

The following is the relevant portion of the actual statuory law:

SECTION 56-5-2953. Incident site and breath test site video recording.

(A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 must have his conduct at the incident site and the breath test site video recorded.

(1)(a) The video recording at the incident site must:

(i) not begin later than the activation of the officer’s blue lights;

(ii) include any field sobriety tests administered; and

(iii) include the arrest of a person for a violation of Section 56-5-2930 or Section 56-5-2933, or a probable cause determination in that the person violated Section 56-5-2945, and show the person being advised of his Miranda rights.

(b) A refusal to take a field sobriety test does not constitute disobeying a police command.

(2) The video recording at the breath test site must:

(a) include the entire breath test procedure, the person being informed that he is being video recorded, and that he has the right to refuse the test;

(b) include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test; and

(c) also include the person’s conduct during the required twenty-minute pre-test waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to video record this waiting period.

(3) The video recordings of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.

At Reeves, Aiken & Hightower LLP, our attorneys have over 60 years of combined trial experience in both civil and criminal courts.  We focus our criminal practice on DUI and DWI cases in both South Carolina and North Carolina and are available by mobile phone in the evenings, on weekends, and even holidays. Our lawyers are licensed in both states and are effective criminal trial attorneys.  We are not afraid to go to Court and often do. Don’t settle for a lawyer who only wants to reduce your DUI charge to reckless driving.  Call us today for a free attorney case review of your particular situation. We are here to help. www.rjrlaw.com

SC DUI / NC DWI – “Best Breathalyzer”?

While researching current updates on breathalyzers, I came across this sales pitch for a “personal” model. Frankly, it is difficult to imagine a market for such a device. But, the sales information was very revealing as to how utterly unreliable these “alcohol breath testing” machines really are.  I have highlighted those sections which are essentially disclaimers. See for yourself. Here’s the article I found:

“If you’ve been searching for the best breathalyzer to suit your personal alcohol tester needs, here are a few considerations you should keep in mind before buying.

The best breathalyzer for any individual who wants to test their blood alcohol content (BAC) on a regular basis is one with a fuel cell sensor. The fuel cell sensor technology is normally found on professional breathalyzer devices. The reason a fuel cell model is considered the best breathalyzer technology is due to it’s superior accuracy over other breathalyzer sensors such as the semiconductor. While the professional breathalyzer is created for professional use by law enforcement, clinics and other professional environments, many models are FDA 501(k) approved for sale and use by the general public.

Generally speaking, the fuel cell breathalyzers range in price from approximately $120 to upwards of $400. Although with that said, the better semiconductor models are near the $100 price level so it may, in some cases, make more sense to go with the professional grade breathalyzer.

The greater accuracy of the professional, fuel cell (or best) breathalyzer is partially dependent on the sensor’s ability to detect the difference between alcohol and higher acetone levels which can be found in individuals with diabetes or those on low-calorie diets. Also, professional breathalyzers feature the ability to give the same result on the same individual when testing repeatedly. In other words, if the same person blows into the mouthpiece in test after test, the results will be similar more often from a fuel cell sensor than a semiconductor model.

The best breathalyzer for your needs will also depend on the device’s ability to pull in an adequate deep lung breath sample. Many professional and personal breathalyzers feature a built “fan” of sorts that will pull the sample in and thus assure the proper deep lung sample is acquired. Many will also beep or otherwise alert the testing individual if the sample is incomplete and testing needs to be repeated.

Finding the best breathalyzer for your needs may also depend on recalibration requirements. The majority of both personal breathalyzer and professional breathalyzer models need to be returned to the manufacturer after a number of tests so that they can be re-calibrated and shipped back. This is usually done ever 1,000 tests (some don’t require recalibration for 1,500 tests) at a cost of about $30-$50. For individuals, it’s likely that the recalibration needs will be a lot less than those devices used for professional use. Either way, it is important, for the greatest accuracy that the devices are re-calibrated and that testing is done as directed by the manufacturer.”

As you can see, the manufacturers tell the buying public that their devices are not fool-proof.  In fact, the results are very dependent on a number of variables.  And this is with a brand new breathalyzer right out of the box.  With these very difficult economic times, almost every county and city police department budget is under review.  There are simply no funds for new equipment, and I fear not enough money for proper maintenance of the equipment they have.  Nevertheless, courts and legislatures currently allow breathalyzer results into evidence and treat them as absolutely accurate without serious question.  I am reminded that “lie detector” tests were similarly accepted for years but are no longer deemed reliable enough for prosecution. I hope that one day the “breathalyzer” will go the way of the “lie detector.”  The only truly accurate test is a blood alcohol test performed by a licensed health professional and certified lab facilities.

If you are arrested for suspicion of drunk driving (DUI / DWI), ask for a blood alcohol test and then consult an experienced DUI / DWI attorney. At Reeves, Aiken & Hightower LLP, our attorneys have over 70 years of combined trial experience in both civil and criminal courts.  We focus our criminal practice on DUI and DWI cases in both South Carolina and North Carolina and are available by mobile phone in the evenings, on weekends, and even holidays. We are not afraid to go to Court and often do. Don’t settle for a lawyer who only wants to try to reduce your DUI charge to reckless driving.  Compare our attorneys’ credentials to any other firm. Then call us for a private consultation of your case. www.rjrlaw.com

What To Do If Stopped for DUI by the Police

What To Do If You’re Stopped For Drunk Driving

  1. When you see “blue lights,” activate your turn signal and safely pull over to the side of the road or nearest parking area.  Do not stop in the middle of the road or make sudden movements with your vehicle.  Stay calm.
  2. Place both hands on the steering wheel in plain view. If stopped at night, turn on your vehicle’s interior lights. Police officers need to see that you do not pose a threat to them, and your interaction will be better if you eliminate this potential issue.
  3. When asked, “how much have you had to drink,” politely and respectfully decline to answer until you have spoken with a DUI lawyer. Remember, you are NOT required to answer any incriminating questions.  But, be polite.  The police are there to do a job.
  4. When asked to get out of the vehicle, do so promptly and keep your hands visible at all times. Again, keep the police officer at relative ease.
  5. When instructed that you will be performing certain “roadside” or “field sobriety tests,” again politely and respectfully decline until you have spoken with a DUI attorney. As with all other inquiries, you are NOT required to participate in these tests. At this point, you will probably be arrested for suspicion of drunk driving, placed in handcuffs, and put in the back of the patrol car.
  6. Once put in the back of the patrol car, you will most likely be videotaped or recorded during the ride to the police station. Look outside the window and do NOT talk. Any statements made can and will be used against you later in Court.
  7. Upon arrival at the police station, you will be taken for Breathalyzer testing.  Again, politely and respectfully decline until you have spoken with a DUI lawyer.  As before, you are NOT required to take these tests. Your driving privileges will be suspended, but restricted licenses are available so that you can get to work, school, or medical appointments. Also remember that you are being videotaped at this stage, so be very careful what you say and do.
  8. Once processed and placed in jail, the next step will be a “bond hearing” at which point a monetary amount will be assessed to get out of jail. We recommend you use a “bail bondsman” so that you pay only 10% – 15% of any required bond. Do NOT pay the full bond. You’re going to need money to hire an experienced DUI attorney and get a restricted license.
  9. Most people get into trouble on weekends and holidays when it is usually very difficult to contact a lawyer. Look for firms that advertise mobile phone numbers. Also, look for DUI lawyers who have real trial experience. You don’t want inexperience here. A DUI conviction has both immediate and long-term effects on your permanent record.
  10. Always drink responsibly and have a designated driver. The goal is to get home safe and sound. But if you do make a mistake, we are not here to judge you. We are here to help. Call us and let’s get started.

At Reeves, Aiken & Hightower LLP, our attorneys have over 70 years of combined trial experience in both civil and criminal courts.  We focus our criminal practice on DUI and DWI cases in both South Carolina and North Carolina and are available by mobile phone in the evenings, on weekends, and even holidays. Our lawyers are licensed in both states and are effective criminal trial attorneys.  We are not afraid to go to Court and often do. Don’t settle for a lawyer who only wants to reduce your DUI charge to reckless driving.  Call us today for a free attorney case review of your particular situation. We are here to help.

Fort Mill SC Attorney Robert J. Reeves admitted to National Trial Lawyers

The National Trial Lawyers is a national organization composed of the top 100 trial lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff (accidents, workers’ compensation, brain injury, wrongful death) or criminal defense (DUI, DWI, felonies) trial lawyers. It is the mission of The National Trial Lawyers to promote excellence in the legal profession through practical educational programs, networking opportunities, and legal publications that deal with current issues facing the trial lawyer. Mr. Robert J. Reeves of the firm Reeves, Aiken & Hightower, LLP, has been invited to join this group from South Carolina for 2012.